Today we will be interested in the life-long rental of an apartment. What it is? When and in what order does it consist? What are the pros and cons of this system? All this excites many citizens in Russia, especially the elderly. After all, it’s becoming more and more difficult for pensioners to survive in the country. Relations with loved ones are often not so good that you can be on their full support. And not everyone has the opportunity to support the elderly - they themselves would survive. So, lifetime rent of an apartment - what is it? How does it consist? What documents are needed for its execution?
For whom and who needs
The first step is to find out who needs to think seriously about our topic today. Indeed, a life annuity contract itself is quite common. Usually it is concluded by single pensioners.
First of all, this service is necessary for those who need material support. Most often these are lonely old people who either for some reason do not maintain family ties with loved ones, or do not have them at all.
In second place are pensioners, from whom, for one reason or another, relatives turned their backs. It does not matter what exactly caused this event - just a disregard for the elderly or really there were serious reasons for this step.
Further, just any citizens who do not want to share property between relatives. A life annuity contract for an apartment is quite common. And he is able to quarrel even the strongest family. Sometimes pensioners, being in adequate condition, agree to draw up this paper with strangers. Then, as a rule, there should be a negative on the part of the heirs and the cessation of material support. You should not be surprised, you can not blame such citizens in any case. After all, after realizing what rent is for an apartment with a life-long living, the bewilderment of relatives can be understood.
Description
What are we dealing with today? As practice shows, in the modern world, rent has become more and more common. It is concluded by elderly people and pensioners in one case or another. But what are we talking about?
Lifetime rental of an apartment - what is it? For someone, such a document is a real gift of fate. And someone, on the contrary, considers it to be sabotage. It all depends on who we are talking about.
But from a legal point of view, life annuity is an agreement according to which the homeowner will receive material support from the other party, and after death, the living space will be transferred to the person who paid the money. We can say this is a form of transfer of property from one person to another. This is a kind of retirement dependent on a person in exchange for the transfer of property after death.
Content or rent?
There is also another form of transfer of an apartment in Russia - this is a life-long maintenance contract. In fact, it is closely related to rent, but there are still differences. Most often they are simply combined into one document. A very good and effective way to ensure old age and transfer the apartment. Lifetime annuities are a common option. But what does it include?
Lifetime maintenance in itself for the "buyer" is a dubious decision. But for the owner, on the contrary, it is considered useful. The thing is that, according to the annuity contract, the second party is obligated to pay a certain sum of money to the citizen, and after death he transfers the apartment to the property of the person providing material support. In this case, until the death of a citizen uses his property in the same way as before.
But life-long maintenance is a completely different conversation. With him, you will not only have to pay a certain amount, but take full care of the homeowner. You can say, you will become a nurse to a pensioner. A risky business, but they often agree to it. Lifetime rental apartments in Moscow (you can find offers everywhere and everywhere) is more and more common. And not only here. Absolutely, like rent with content.
Conditions
Of course, if you decide on this step, then it is worth observing some restrictions and following the rules. The design of any document has its own algorithms that are recognized as legal. The conditions of life-long rental are not too harsh. Most often they do not have a place at all. More precisely, no one thinks about them.
So who and in what cases has the right to conclude this agreement? All apartment owners. The main thing is that it belongs to only one person. In addition, the property indicated in the rental should not be transferred to anyone by will. It is also impossible to conclude an agreement with the participation of the apartment in the lease or with its arrest / confiscation.
Please note that the homeowner must be considered adequate. That is competent. The presence of mental disorders is a legitimate reason for denying a service. Each adequate owner is able to arrange the rent (lifetime) of an apartment. Perhaps these are all limitations. The discontent and protests of the heirs, if any, are not grounds for refusal. The owner himself decides how to dispose of his property.
Pros and cons
Lifetime rental apartments in Moscow (offers are more and more every year) are not uncommon. And in other cities, too. Indeed, for some citizens this is a great opportunity to purchase housing in the property. Especially if the family does not foresee any inheritance, either in general or in the near future.
Do not think that rent is manna from heaven. Rather, this transaction has its pros and cons. It all depends, of course, on the homeowner. You can say from the "seller" of real estate. It has a huge impact on whether the rent is positive or negative for you.
For example, the advantages include the fact that a citizen-buyer will receive an apartment in the property after the death of the "seller". This is a kind of purchase of real estate, its transfer. But there are also flaws. Firstly, it is not known how many elderly people will live, but, according to the agreement, in any case, you will be required to transfer money to him as material support. Regardless of whether you can fulfill this obligation or not. Secondly, sometimes the amount that you will ultimately transfer exceeds the real cost of housing. Not the most common occurrence, but it does occur. Thirdly, the problems with the owner’s relatives are almost 100% guaranteed for you - everyone will try to prove their rights to property that are actually absent after the conclusion of the annuity.
In the end, when this agreement is also accompanied by immediate content, some “buyers” will have a hard time. We'll have to completely take care of a complete stranger and provide him in every sense. Although not everyone is lucky with relatives. Sometimes caring for an outsider can be much more enjoyable. Much depends on the landlord. In any case, it's up to you. Are you interested in a life-long rental of an apartment in Moscow or in another city? Have you decided on this step? Then you need to prepare for this moment.
Contract
The first thing you need is to find a "customer". Either "buyer" (if you are the owner), or "seller" (if you want to care for someone). Most often, the first category of citizens simply gives announcements, and the second one finds them. And so the parties agree to complete the transaction.
The most important point that will help to arrange the rent (life) of an apartment is the contract. It is there that all the nuances of your transaction are indicated. Here, both parties agree on the size of payments, as well as the availability of one or another care for the apartment / owner, if necessary. You should not rush, it is advisable to consider all the nuances.
For example, register the right to inherit property from the buyer at his death. In this case, the annuity contract can either be terminated or inherited by one or another citizen. It is also worth paying attention to points in matters of medical care, treatment, as well as the provision of housing for a retired owner.
In the agreement, be sure to write down the terms for transferring material support to you. Every nuance must be taken into account. A sample contract for a life annuity of an apartment is actually absent. It is individual, but must necessarily contain information about the property that will be transferred to the property, as well as about the parties involved in the case.
Personalities
The life-long rental of an apartment, the offers of which can be found more and more often, cannot be concluded without identity cards of both parties. Passports come in handy here. More precisely, their copies. You can even without certification.
Please note: all documents that will be listed below are attached to your contract. In some cases, the originals will be required, once you can do with copies. Only mandatory identification cards of both parties must be submitted.
I am the owner
The contract of life annuity of an apartment is not valid without a specific list of documents. Moreover, they simply refuse to sign it. In order to be able to conclude such a deal, the homeowner must necessarily submit documents confirming ownership of the apartment.
What can be attributed here? Firstly, direct evidence of ownership. It is advisable to present a certified copy. Information about the apartment will also be required. To do this, take a certificate from the BTI, as well as an extract from the house book. Do not forget also the documents on the cadastral value of your housing. They can be conveyed later, but it is better to immediately collect a complete list of documents. Do not forget to provide certificates of the absence of debts for the property.
Health
Lifetime rental of an apartment - what is it? As we have already found out, we are dealing with a form of transfer of ownership from one person to another, but with our own characteristics. An optional, but quite important point is the presentation of health certificates of the "seller" of real estate. We need documents from narcology, as well as a psychiatric clinic. It has already been said: only adequate citizens have the right to conclude such an agreement.
In practice, rarely is anyone involved in obtaining these certificates. But if you are responsible for resolving the issue of life annuity, it is better to think about the calmness of the "buyer." After all, the presence of certificates confirming your healthy psychological state will save the future owner from attacks from your heirs, if any. It will be easy to prove the legitimacy of the actions taken.
Duty
In addition, you will have to pay the state fee. The contract of life annuity for an apartment requires a certain amount of money to be paid to the state treasury for a transaction. As a rule, this contribution is made on behalf of the homeowner. That is, a pensioner must pay for it.
In what sizes? In 2016, you will have to pay 2,000 rubles for an annuity contract with or without life support. No more, no less. Very often, the owners ask a similar amount from the one who will pay them. Not entirely legal, but you can agree. The main thing is that the initials and data of the one who is like the seller of the apartment should be in the payment.
Direct conclusion
In principle, that’s all. No more documents are needed for signing and concluding a contract. But the process does not end there. Now you need to somehow legitimize the agreement.
How it's done? You must contact a notary public. He will study the terms of the contract, as well as all the documents that you have presented. If everything was done correctly, in his presence an agreement is signed and recognized as valid. Not? Then they will explain how to correct the situation. In this scenario, you will need to re-visit the notary after you take action to successfully conclude a transaction. Most often, this phenomenon is not observed - citizens simply enter into a life annuity contract and fulfill their obligations.
Nullity recognition
The issue of invalidating a transaction also plays a huge role. As practice shows, this topic is mainly concerned with the heirs and blood relatives of the homeowner. Only they will find great disappointment - to recognize the rent as invalid is not so simple. Only in two cases is this possible.
Firstly, it is the recognition of the owner as incapable at the time of the transaction. A popular reception of the heirs, which is easy to "break off" - it is enough to attach in advance certificates of health status of the "seller", which will be kept for life. After this, blood relatives have no chance.
Also, the life-long rental of an apartment does not receive the best reviews because it is declared invalid, because the second point that is taken into account is the buyer’s default on his obligations. This kind of phenomenon is extremely rare. After all, it is often better to comply with the terms of the contract, and then get ownership of housing than just provide financial support to someone. After all, the amount paid will not be returned to you. It turns out that there is almost no chance of announcing the annuity.
Summary
It's time to take stock. Lifetime rental of an apartment - what is it? For someone, as has already been said, salvation. And to someone this document can bring a lot of problems. Please note: it is almost impossible to invalidate a transaction.
A similar technique is common in Russia. And most often, single elderly people enter into rents with or without lifelong maintenance. Making an agreement is not as difficult as it seems at first glance. Think carefully before agreeing to a deal. It has both its advantages and disadvantages for both sides.